| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 223A/08 |
| Determination date | 02 September 2008 |
| Member | J Wilson |
| Representation | A Crabb ; D France |
| Location | Auckland |
| Parties | P v University of Auckland |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant previously applied to have matter removed to EC – Applicant challenged Authority determination had not raised personal grievance within 90 day period – Alternatively if determined by EC grievance not raised within 90 days sought leave for Authority to hear matter out of time because of exceptional circumstances – Applicant seeking application to hear matter out of time be removed to EC – Authority found currently before EC challenges by applicant regarding 90 day issue and recovery of monies issue – Found question whether applicant should be granted leave to pursue personal grievance due to exceptional circumstances related to challenges – Authority found on that ground alone appropriate to remove application – Matter removed to EC |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s114(1);ERA s114(4);ERA s178(2) |
| Cases Cited | P v University of Auckland unreported, J Wilson, 30 Jun 2008, AA 223/08;P v The University of Auckland unreported, D King, 21 May 2004, AA 179/04;P v The University of Auckland unreported, D King, 13 Sep 2004, AA 179A/04 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |